Software Patents and the European Union
Introduction
The European Council recently approved changes to the European Union’s Software Patents Directive that will lead the way to widespread patenting of software in Europe.[1] If the changes are ratified without modification, then the European Patent Office (EPO) will have the ability to grant software patents in much the same manner as the United States Patent Office (USPO). This will lead to many of the problems that have arisen in the United States. For instance, the USPO is infamous for issuing patents for obvious software process, such as Amazon’s 1-click shopping. The granting of these obvious patents has led to a flurry of litigation, where the patent holder tries to extort licensing fees for alleged “patent infringement”. This has led to corporations to try and patent “everything under the sun”, in order to protect them from getting sued and to create a platform to launch their own litigation/licensing extortion from their competitors. It has also created a flood of patent applications for software, giving the overworked USPO little time to examine and research for any “prior art” that would invalidate the patent application.
After giving a background on software patent history in the European Union, this paper will attempt to analyze the ethical issues of software patents. Do they bring more harm to society than good? Do they promote innovation and research or do they stifle invention? These questions, along with other issues dealing with software patents, will be examined from a variety of ethical perspectives.
Background
Initially, software was not patentable under European law. This was decreed in the Article 52 of the European Patent Convention of 1973, which states that “mathematical methods, intellectual methods, business methods, computer programs, presentation of information etc are not inventions in the sense of patent law.” [2] However, small changes in European Patent law over the years has led to the patentability of “process claims”, “program claims”, and even “computer-implemented inventions”, which has led to 30,000 software related process patents.[3]
In 2002, the European Commission's Directorate for the Internal Market proposed the creation of a Directive to clarify the patentability of computer-implemented inventions and reduce excess at the EPO. However, the Directive only put on paper what the EPO had already been practicing, which was granting unlimited patentability.
In September of 2003, a set of amendments to the Directive were voted in by the European Parliament.
The patent system grants an exclusive right of manufacturing, selling, and profiting from a specific invention. It is designed with the purpose of providing advance research and development and to encourage broader economic activity; however, complete disclosure is required in exchange for the twenty year protection to become monopoly.
Why do consumers purchase specific drugs for various ailments, sicknesses or diseases they might have? Why do physicians prescribe certain drugs over competitive drugs that may be available to the public? Why is it that most of us can easily name specific drugs that fit the many ailments of today’s society? On the surface the answer might be as simple as good TV advertising or radio commercials or even internet adds. The truth of matter is the major pharmaceutical manufacturers own the patents on these drugs and this gives them all of the marketing budget and muscle they need to promote the drug and control the pricing. The incentives for larger pharmaceutical companies are very enticing and as a result, they don’t mind spending the time in clinical trials and patent courts to get their drugs approved. Some will even get patents on the process by which the drug is manufactured, ensuring that no competitor can steal the drug or the process. This protects their large financial investment and nearly guarantees a large return for their investors. Many consumer rights groups claim this is nothing more than legalizing monopolies for the biggest manufacturers.
George Washington was the first President of the United States, the Commander-in-Chief of the Continental Army during the American Revolutionary War, and one of the Founding Fathers of the United States. He looked over the convention that drafted the current United States Constitution and during his lifetime was called the "father of his country". George Washington had many significant accomplishments while he was president. He supported Secretary of the Treasury Alexander Hamilton's Federalist financial plans, including a national bank and a tax on whiskey. He mobilized troops against the Whiskey Rebellion. George Washington also brought in the Bill of Rights and Residence Act, which authorized the president to select the seat of permenant federal governance. He also established two-term precedent.
The United States Patent Office (“USPTO”) faces criticism from its users and legislators that the timeliness of the patent process and ultimate quality of issued patents are inadequate. In order to address this criticism Congress made several changes to the authorities of the USPTO in the last decade and considered more changes in 2009. Nevertheless, problems persist and some stakeholders argue that reorganizing the USPTO as a government corporation would best alleviate these problems by broadening its authorities even further and releasing it from external constraints.
“TOP TEN FACTS ABOUT HUNGER IN THE UNITED STATES.” PR Newswire 21 Dec. 2011. Academic OneFile. Web. 6 Feb. 2014.
His impressive leadership they convince the delegates that he was by far the most qualified man to become the nation’s first president. He wanted to, at last, return to a quiet-life at home and leaves governing the new nation to others. But public opinion was so strong Also know as he just starts school as the age of 6 and left at age of 15 to become a surveyor because his family was too poor to afford education. He is the president who comes up with the first constitution of the United States in 1781.George Washington did not have an easy time of it as president for a number of reasons: How to Act Like a President, developing a Presidential Style, The Institutional Workings of the Presidency, Polling Public Opinion, Before Polls and a managing a Quarrelsome Cabinet. But people who around him were trusted in him because they know that he can do it. He is the only president an American history to be unanimously elected twice, president Washington established many crucial presidential presidents George Washington helped shape the office’s future role and powers, as George Washington helped shape the office 's future role and powers, as well as set both formal and informal precedents for future
The postition of the President of the United States is a prestegious honor that has seen many great leaders over the past 200 years. George Washington was the first to lead the Executive Branch of the United States government. It is clear that Washington was sufficiently qualified to lead the nation as it grew due to his significant contributions to the Revolutionary War effort. Washington also led by example for the Presdients the followed him in office.
The computer industry’s dependency on new programs and innovative software has led to the protection of intellectual property becoming a topic of fierce debate in the field. In the late 1980’s and early 1990’s, this issue spurred numerous lawsuits, thereby forcing the courts to set precedent and guidelines about how to prove copyright infringement of software. Many of these cases were in regards to copyright infringement of graphic user interfaces, or GUIs; which consist of the visual cues and representations seen through a particular program or software. GUIs, in essence, determine the “look and feel” of a program. The dilemma that the computer industry faced was how similar one interface has to be to another to constitute copyright infringement. The response to this dilemma would also serve as the response to other issues faced by the industry at the time: Should computers, similarly to automobiles, have a standard “dashboard” (a.k.a. GUI) to enable computers to be more efficiently used (Markoff)? What is the balance between the sharing of information that promotes innovation and the protection of intellectual property?
World hunger is one among many problems faced in this world today. About twenty-four thousand children under five die every day. Even though there is a lot of food in the world, some people in the world cannot reach these foods because they are poor. About one tenth of the world population is suffering from chronic hunger every year. Because of the hunger problem, majority of the people suffer from blindness, anemia, malnutrition related problems and other diseases because they are not getting enough
George Washington was born February 22, 1732 into a Virginia farming family that is considered middle class now a days. George Washington’s father, Augustine, who was a leading planter in the area, died when george was eleven. George's mother, Mary, had a hard time holding their home together after the death of her husband. Her two sons from a previous marriage were there to help. Even when he was young, George displayed a gift for mathematics. Even though the highest level of education he received was elementary. His skill with numbers as well as his ambition and social skills, caught the attention of Lord Fairfax, head of one of the most powerful families in Virginia. At the age of sixteen, Lord Fairfax employed George as one of his surveyors. The young George would travel deep into the wilderness for weeks at a time which is one of the reasons why he wasn’t able to finish his education.
In June 2000, the publicly funded Human Genome Project (HGP) and the private firm Celera Genomics Inc. announced that they had completed sequencing the human genome. This unprecedented accomplishment is expected to enable doctors to diagnose, treat and even prevent numerous genetic diseases. As these two entities worked on sequencing the human genome, there was also a separate and less publicized race to patent as many human genes as possible.
"George Washington." American Eras. Vol. 4. Detroit: Gale, 1997. Biography in Context. Web. 4 Dec. 2013.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
Tanielian, M. (April 15, 2013). Comments of the Coalition for Patent Fairness. United States Patent and Trademark Office, 1-22. Retrieved from http://www.uspto.gov/ip/global/patents/comments/753609930-1_cpf_-_letter_to_uspto.pdf
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20